Dinesh Divekar
Business Mentor, Consultant And Trainer
Avinash Pathak
Dy. Manager - Hr (raymond Group Of Co)

If any female staff employee is on Maternity Leave period for the period of 6 month (Nov-Mar) & if she put up resignation in Jan before the completion of her Maternity Leave then in that case can organisation consider her Maternity period leave days as a Notice Period?
Her organisation can ask her to pay 3 months salary either gross or Basic?
25th February 2018 From India, Thane
Dear Avinash,
Your query is primarily on whether maternity leave and notice period can be merged. Yes, it can be merged. Nothing wrong per se because of maternity leave is authorised absence and not unauthorised one. Maternity leave and resignation both need to be seen separately and one does not have bearing on another.
Nevertheless, what needs to be seen is whether the woman employee completes the notice period before expiry of her maternity leave or both exactly finish on the same date. If she was late in giving her resignation and by chance if her notice period extends beyond the maternity leave then she is liable to serve that amount of period or pay in lieu of that.
Why you have asked this query? Has the incident happened in your company or you have raised the query on behalf of the woman who is on maternity leave?
Your last question is "Her organisation can ask her to pay 3 months salary either gross or Basic?" Probably the question has been asked with the belief that by tendering resignation during maternity leave, organisation has incurred loss and situation merits recovery of this loss from the woman. This is utterly false belief. There are scores of scientific avenues to save the costs and it remains to be seen whether your organisation or that organisation has done that!
Dinesh Divekar
25th February 2018 From India, Bangalore
Dear Divekar sir,
thanks for the instant reply.
This is not case of my company but one of the female staff from Gujrat industry raised the doubts to me. She can not continue the her job because of small kid, however company is forcing her to join the duty or asked her to pay Rs. 50K against full & final. She worked with the said organisation more than 2.5 years in finance. She is having some fear in her mind that company should initiate any legal action if she will not going to pay 50K against her relieving i.e. before completion of her Maternity Leave period.
25th February 2018 From India, Thane
Dear Avinash,
You have given the additional information but you have not mentioned date on which your friend submitted letter of resignation and date on which her maternity leave ends. Unless you confirm these dates, nothing can be advised further.
Lastly, please scroll down and post your reply instead of starting a new thread itself.
Dinesh Divekar
25th February 2018 From India, Bangalore
In this case will the employer have to pay 6 months maternity leave pay?
10th May 2018 From India, Chandigarh
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